AUS - Khandalyce Kiara Pearce (Wynarka) and mum Karlie Pearce-Stevenson (Belanglo) #5

[purpleandgreen]

Very interesting reading on here this morning, especially the newspaper report about the personality of DH. (if we are to believe that it's true of course, it could be a mate trying to say he was a follower, not a leader, to keep him out of trouble and point the finger elsewhere)

BBM. My thoughts exactly.

 

[crabstick]

If DH has no money HP will hardly have a hold over him. You cant get blood out of stone. Government would have covered the hospital bills, obviously HP gets a disability pension and a public housing place to live.
Combine that the possibility of a $90000 Karlie account and its looking a better deal.

3RD party personal injury policies vary state to state, some government run, some privately run.

Some thoughts on the MVA of DH, Hazel and children.

1.All CTP insurance claims no matter weather they occur in the state of registration or interstate require the car to be registered. The laws vary somewhat from state to state, and have changed since this accident occurred however this fact, along with the default of the registered drivers insurance if they exceed the alcohol content/ drug use remain significant factors.
For more info
www.lawhandbook.sa.gov.au › Motor vehicle accidents › Personal Injuries


2. If she had a claim she could have been treated, especially in the rehab phase, in a private hospital.

3. IMO there is a good chance that her MVA insurance claim failed. This feeling is based on Hazels current action of not registering vehicles (and DH previously reported drug use.)
BOTH of DH cars REMAIN unregistered. (just rechecked to see if they have decided to register them and she hasn't :thinking Thank you again sleepinoz #271

4. A failed CTP claim would have forced Hazel to take a personal injury claim against DH to recover her losses, and this would be a hold she would have over him.

Very unpleasant case this one.

 

[crabstick]

Such an enchanting story coming from a 16 year old whose fiancée was caught with her ex girlfriends credit card in his wallet interstate

So 16 year old fiancée is not engaged now she knows some of the news reports in the newspapers?

Very interesting reading on here this morning, especially the newspaper report about the personality of DH. (if we are to believe that it's true of course, it could be a mate trying to say he was a follower, not a leader, to keep him out of trouble and point the finger elsewhere)

 

[Panda]

The government sorts out the injured passenger then retrieves the money from the unlicensed drivers vehicle privately.

If you put wages in a proxy account, they would not be seen by authorities at the ready to deduct them to pay back the monies owing.

You put a lot of faith in the government! If someone is involved in a car accident and there is no valid CTP insurance, the onus falls back on the driver of the vehicle who caused the accident/injuries to other persons - they are then held personally liable for compensation. If there is no payout (for whatever reason) the injured person has to rely on Medicare and Centrelink. It should be noted too, that there are certain conditions which have to be met when putting in a CTP claim - such as the police have to attend, the claim has to be started within a specified time period, etc. It's not a given that you are going to receive a payout if you are involved in a motor vehicle accident.

It's been brought to my attention that my post above isn't accurate. I had forgotten about the "nominal defendant" principle. In New South Wales (I presume other States have the same type of scheme), if there is no CTP or the vehicle is unregistered, compensation can be recovered from the Motor Vehicle Compensation Act 1999. So my apologies for leading people astray. I should have done my research more thoroughly first. :blushing:

The Motor Accidents Authority (MAA) is not the insurer. They are a regulatory body that monitors and assists, (they can step in and conduct dispute resolution, for example) where possible. The insurance is ultimately paid out by either the insurance company who were undersigned by the driver of the vehicle, or in the case where there is no insurance, the driver of the vehicle is liable themselves.

http://www.maa.nsw.gov.au/

That's why it's so important to ensure you drive a vehicle that is registered and has valid CTP and third party insurance. If you are involved in an serious accident, which involves a high end vehicle being totalled, plus significant injuries to another person, it could have the potential of financially ruining you, as you are lumbered with a massive future debt. This is also not correct - you could still get compensation from bringing a "nominal defendant" claim for personal injury. But as far as I'm aware, you are still personally responsible for damage to another vehicle due to an accident if you're uninsured.

 

[Wolfinator]

No, exactly. We don't know if they knew the family. Although considering they went to the car show in 2008 together we can assume they knew Karlie well enough.
But yeah, you have nicely encapsulated my point - someone (maybe or maybe not DH and HP) was in close enough contact with family and or friends of Karlie's to know about the missing person's report and to react.

Sorry if this has already been raised (I'm catching up) but quite a while back it was suggested Colleen or the police could also easily left a voice mail on Karlie's phone asking her to check in....


Sent from my iPhone using Tapatalk

 

[Bundy]

Yes, I initially thought they were perhaps just passing through Alice Springs, (attending a car show)..... but that link on the accident posted earlier gives the impression that they were NT for quite a while ‘‘The students were valued members of the Gillen school community and will be greatly missed.’’

I also remember that they were traveling around parts of Australia, and photo's were from different parts of the country from 2006.

If traveling the car could have been registered in any state/territory.

HP originally being from Qld, makes me think that maybe she wasn't so close to Karlie and hadn't known her that long.

 

[Mrs G Norris]

Sorry if this has already been raised (I'm catching up) but quite a while back it was suggested Colleen or the police could also easily left a voice mail on Karlie's phone asking her to check in....


Sent from my iPhone using Tapatalk

A message from a police officer would have been rather motivating don't you think?

 

[visioneye]

If DH has no money HP will hardly have a hold over him. You cant get blood out of stone. Government would have covered the hospital bills, obviously HP gets a disability pension and a public housing place to live.
Combine that the possibility of a $90000 Karlie account and its looking a better deal.

3RD party personal injury policies vary state to state, some government run, some privately run.

I did not know that DH has no money. The recent article relating to his Centerlink payments only indicated he was obtaining these funds, but we know he had at least the opportunity access to other funds as he was found in possession of Karlies bank card.
What I was briefly alluding to is that IF Hazel's CTP claim was rejected(or whatever the equivalent in NT is called) for her injury and loss, she would have to be a personal claim against the "uninsured party," being DH her partner.
As others have stated in this thread, her claim would only be able to be made on legal earnings of the uninsured party. Having this person also being her "ex partner" would however give her some leverage over any "non legal income."
Morally (if he has any guilt) she also has a good case for ongoing financial support - this would apply as to whether she had a successful CTP claim or not.
This is all my personal opinion, but it sits well with today's article relating to DH personality.

 

[iten]

You put a lot of faith in the government! If someone is involved in a car accident and there is no valid CTP insurance, the onus falls back on the driver of the vehicle who caused the accident/injuries to other persons - they are then held personally liable for compensation. If there is no payout (for whatever reason) the injured person has to rely on Medicare and Centrelink. It should be noted too, that there are certain conditions which have to be met when putting in a CTP claim - such as the police have to attend, the claim has to be started within a specified time period, etc. It's not a given that you are going to receive a payout if you are involved in a motor vehicle accident.

The Motor Accidents Authority (MAA) is not the insurer. They are a regulatory body that monitors and assists, (they can step in and conduct dispute resolution, for example) where possible. The insurance is ultimately paid out by either the insurance company who were undersigned by the driver of the vehicle, or in the case where there is no insurance, the driver of the vehicle is liable themselves.

http://www.maa.nsw.gov.au/

That's why it's so important to ensure you drive a vehicle that is registered and has valid CTP and third party insurance. If you are involved in an serious accident, which involves a high end vehicle being totalled, plus significant injuries to another person, it could have the potential of financially ruining you, as you are lumbered with a massive future debt.

Not correct. A "nominal defendant" is a creature of statute; they are found in the various CTP / Motor Accidents legislation in all states in Australia.

The various state governments set up nominal defendants in third party / motor vehicle matters so that those who are injured are not disadvantaged simply because they had the misfortune to be in injured by someone driving an uninsured vehicle or because the vehicle at fault could not be identified (for example, a hit and run).

 

[Panda]

Re: CTP insurance

In terms of compensation payable, an injured person is not disadvantaged by the fact that the vehicle at fault was not registered.

If the vehicle at fault is not registered, then an injured person claims against the ‘nominal defendant.’ (The term used might vary from state to state.)

Think of it this way: our CTP premiums go into a big pot, and money from that pot is used to compensate the injured.

Lack of insurance is an issue (expensive issue) for the owner / driver of a vehicle at fault. The nominal defendant may take action against an uninsured party to recover compensation paid.

I had forgotten about the "nominal defendant". Yes, you are right - thanks for the clarification.

 

[BlueBayou]

The car in the accident could have been owned by either DH or HP. I don't think that would affect the CTP though.

 

[Panda]

Not correct. A "nominal defendant" is a creature of statute; they are found in the various CTP / Motor Accidents legislation in all states in Australia.

The various state governments set up nominal defendants in third party / motor vehicle matters so that those who are injured are not disadvantaged simply because they had the misfortune to be in injured by someone driving an uninsured vehicle or because the vehicle at fault could not be identified (for example, a hit and run).

Thanks for pointing that out. You are correct. I did go back and amend my original post to reflect. Apparently the government pays money into what is called "market share", which are loosely termed popular, well renowned insurance companies to ensure if people are involved in accidents where there is no CTP, there is still an avenue to get compensation. Thanks again for putting me straight. I'll go and put my head in the toilet now ... :facepalm:

 

[chuppachup]

Such an enchanting story coming from a 16 year old whose fiancée was caught with her ex girlfriends credit card in his wallet interstate

So 16 year old fiancée is not engaged now she knows some of the news reports in the newspapers?

It seems the engagement was off well before that.

 

[crabstick]

It varies very much depending on the situation in more ways than one. No doubt news from court cases is going to shed some light on what really happened.

A message from a police officer would have been rather motivating don't you think?

 

[chuppachup]

DH has been in prison hasn't he? so his cars would not be registered but why would HP be responsible for that?

They are referring to the vehicles that are at HP's place, (one of which she drives) not DJH.

 

[visioneye]

Sorry for going on about this but I do not understand how it is that Hazel is still driving around in an unregistered car!
I understand that the authorities may not want this type of sleuthing going on, but they could block our access to finding these details on her cars
https://www.ecom.transport.sa.gov.au/et/checkRegistrationExpiryDate.do and they haven't.
She has a lot of front doing this considering she would well know that the cars are not covered for CTP. In SA this site will show your registration date due date up until 3 months have passed from registration expiry, so HP's have been expired longer than this.

 

[purpleandgreen]

Have you reported it to Crimestoppers? Le might be too busy with other more pressing matters, but I'm sure they'd be grateful for every little tidbit.

Sorry for going on about this but I do not understand how it is that Hazel is still driving around in an unregistered car!
I understand that the authorities may not want this type of sleuthing going on, but they could block our access to finding these details on her cars
https://www.ecom.transport.sa.gov.au/et/checkRegistrationExpiryDate.do and they haven't.
She has a lot of front doing this considering she would well know that the cars are not covered for CTP. In SA this site will show your registration date due date up until 3 months have passed from registration expiry, so HP's have been expired longer than this.

 

[Wolfinator]

Sorry for going on about this but I do not understand how it is that Hazel is still driving around in an unregistered car!
I understand that the authorities may not want this type of sleuthing going on, but they could block our access to finding these details on her cars
https://www.ecom.transport.sa.gov.au/et/checkRegistrationExpiryDate.do and they haven't.
She has a lot of front doing this considering she would well know that the cars are not covered for CTP. In SA this site will show your registration date due date up until 3 months have passed from registration expiry, so HP's have been expired longer than this.

Police could have good reasons to not clip her wings? Otherwise they'd be "grounded" for sure.

Recall that Kiesha Abrahams mother led police to her grave. Desperate people can do desperate things.

If LE solve both of these murders with successful prosecutions it will be an outstanding outcome. I feel though that a lot of luck and some wrong steps by perpetrators or connections could still be needed. It's going to be a long haul.


Sent from my iPhone using Tapatalk

 

[Mrs G Norris]

I still can't believe both their cars are unregistered and they drove them in front of media and to the police station .. seriously?

 

[visioneye]

Have you reported it to Crimestoppers? Le might be too busy with other more pressing matters, but I'm sure they'd be grateful for every little tidbit.

I agree with you, and I think it just highlights where H is coming from.
And yes I have notified Crimestoppers , (listed as a traffic infringement.)